VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_10-vv-00413
Package ID: USCOURTS-cofc-1_10-vv-00413
Petitioner: Ted Boykin
Filed: 2014-09-30
Decided: 2015-03-12
Vaccine: influenza
Vaccination date: 2008-10-24
Condition: Guillain-Barré syndrome
Outcome: compensated
Award amount USD: 1580932

AI-assisted case summary:
Ted Boykin filed a petition on June 30, 2010, alleging that he suffered from Guillain-Barré syndrome (GBS) as a result of an influenza vaccine administered on October 24, 2008. The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr. Boykin's GBS. Despite the denial, the parties filed a joint stipulation on damages on September 29, 2014. Special Master Lisa Hamilton-Fieldman adopted this stipulation, awarding Mr. Boykin a lump sum of $1,500,000.00 for all damages. Subsequently, on February 19, 2015, the parties filed a stipulation regarding attorneys' fees and costs. Special Master Hamilton-Fieldman approved an award of $80,932.92 for these fees and costs, payable jointly to Mr. Boykin and his counsel, Isaiah Kalinowski of Maglio, Christopher and Toale, PA. The case was resolved through these stipulations. The public decision does not describe the onset of symptoms, specific medical tests, treatments, or the mechanism of causation.

Theory of causation field:
Petitioner Ted Boykin alleged that an influenza vaccine administered on October 24, 2008, caused Guillain-Barré syndrome (GBS). The respondent denied causation. The parties entered into a joint stipulation on damages, which was adopted by Special Master Lisa Hamilton-Fieldman. Petitioner was awarded $1,500,000.00 in lump sum for all damages. Attorneys' fees and costs in the amount of $80,932.92 were awarded jointly to Petitioner and his counsel, Isaiah Kalinowski of Maglio, Christopher and Toale, PA, by Special Master Hamilton-Fieldman. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused GBS.

Public staged source text:

================================================================================
DOCUMENT 1: USCOURTS-cofc-1_10-vv-00413-0
Date issued/filed: 2014-10-21
Pages: 7
Docket text: PUBLIC DECISION (Originally filed: 09/30/2014) regarding 58 DECISION Stipulation/Proffer Signed by Special Master Lisa Hamilton-Fieldman. (dlb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00413-UNJ Document 63 Filed 10/21/14 Page 1 of 7
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-413V
Filed: September 30, 2014
* * * * * * * * * * * * * * * * UNPUBLISHED
TED BOYKIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Joint Stipulation on Damages;
v. * Influenza (“Flu”) Vaccine;
* Guillain-Barré Syndrome (“GBS”).
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, PA, Washington, D.C., for Petitioner.
Justine Daigneault, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 30, 2010, Ted Boykin (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)
vaccine administered to him on October 24, 2008. See Petition at 1-2.
On September 29, 2014, the parties filed a stipulation in which they state that a decision
should be entered awarding compensation.
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00413-UNJ Document 63 Filed 10/21/14 Page 2 of 7
Respondent denies that the influenza vaccination caused Petitioner’s GBS or any other
injury or his current condition. Nevertheless, the parties agree to the joint stipulation, attached
hereto as Appendix A. The undersigned finds the stipulation reasonable and adopts it as the
decision of the Court in awarding damages, on the terms set forth therein.
The parties stipulated that petitioner shall receive the following compensation:
A lump sum of $1,500,000.00 in the form of a check payable to Petitioner. This
amount represents compensation for all damages that would be available under 42 U.S.C.
§ 300aa-15(a).
Stipulation ¶ 8.
The undersigned approves the requested amount for Petitioner’s compensation.
Accordingly, an award should be made consistent with the stipulation.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
s/ Lisa Hamilton-Fieldman
Lisa Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2

CCaassee 11::1100--vvvv--0000441133--UUNNJJ DDooccuummeenntt 5673 FFiilleedd 0190//2291//1144 PPaaggee 13 ooff 57

CCaassee 11::1100--vvvv--0000441133--UUNNJJ DDooccuummeenntt 5673 FFiilleedd 0190//2291//1144 PPaaggee 24 ooff 57

CCaassee 11::1100--vvvv--0000441133--UUNNJJ DDooccuummeenntt 5673 FFiilleedd 0190//2291//1144 PPaaggee 35 ooff 57

CCaassee 11::1100--vvvv--0000441133--UUNNJJ DDooccuummeenntt 5673 FFiilleedd 0190//2291//1144 PPaaggee 46 ooff 57

CCaassee 11::1100--vvvv--0000441133--UUNNJJ DDooccuummeenntt 5673 FFiilleedd 0190//2291//1144 PPaaggee 57 ooff 57

================================================================================
DOCUMENT 2: USCOURTS-cofc-1_10-vv-00413-1
Date issued/filed: 2015-03-12
Pages: 2
Docket text: PUBLIC DECISION (Originally filed: 02/19/2015) regarding 66 DECISION Fees Stipulation/Proffer. Signed by Special Master Lisa Hamilton-Fieldman. (mb) Copy to parties.
--------------------------------------------------------------------------------
Case 1:10-vv-00413-UNJ Document 69 Filed 03/12/15 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 10-413V
Filed: February 19, 2015
* * * * * * * * * * * * * * * * UNPUBLISHED
TED BOYKIN, *
* Special Master Hamilton-Fieldman
Petitioner, *
* Attorneys’ Fees and Costs;
v. * Reasonable Amount Requested to
* Which Respondent Does Not Object.
SECRETARY OF HEALTH *
AND HUMAN SERVICES, *
*
Respondent. *
* * * * * * * * * * * * * * * *
Isaiah Kalinowski, Maglio, Christopher and Toale, PA, Washington, D.C., for Petitioner.
Justine Walters, United States Department of Justice, Washington, D.C., for Respondent.
DECISION1
On June 30, 2010, Ted Boykin (“Petitioner”) filed a petition pursuant to the National
Vaccine Injury Compensation Program.2 42 U.S.C. §§ 300aa-1 to -34 (2006). Petitioner alleged
that he suffered from Guillain-Barré syndrome (“GBS”) as a result of an influenza (“flu”)
vaccine administered to him on October 24, 2008. See Petition at 1-2. On September 30, 2014,
the undersigned issued a decision awarding compensation to Petitioner.
On February 19, 2015, the parties filed a stipulation regarding attorneys’ fees and costs.
The parties have agreed to an award of $80,932.92 for attorneys’ fees and costs. In accordance
1 Because this decision contains a reasoned explanation for the undersigned’s action in this case,
the undersigned intends to post this ruling on the website of the United States Court of Federal
Claims, in accordance with the E-Government Act of 2002, Pub. L. No. 107-347, § 205, 116
Stat. 2899, 2913 (codified as amended at 44 U.S.C. § 3501 note (2006)). As provided by
Vaccine Rule 18(b), each party has 14 days within which to request redaction “of any
information furnished by that party: (1) that is a trade secret or commercial or financial in
substance and is privileged or confidential; or (2) that includes medical files or similar files, the
disclosure of which would constitute a clearly unwarranted invasion of privacy.” Vaccine Rule
18(b).
2 The National Vaccine Injury Compensation Program is set forth in Part 2 of the National
Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755, codified as amended,
42 U.S.C. §§ 300aa-1 to -34 (2006) (Vaccine Act or the Act). All citations in this decision to
individual sections of the Vaccine Act are to 42 U.S.C.A. § 300aa.
1

Case 1:10-vv-00413-UNJ Document 69 Filed 03/12/15 Page 2 of 2
with General Order Number 9, Petitioner represents that she has not personally incurred any
expenses in pursuit of her claim. See Petitioner’s Statement Regarding Fees and Costs, filed
February 19, 2015.
The undersigned finds that this petition was brought in good faith and that there existed a
reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to
42 U.S.C. § 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and
appropriate. Accordingly, the undersigned hereby awards the amount of $80,932.92, in the
form of a check made payable jointly to Petitioner and Petitioner’s counsel, Isaiah
Kalinowski, of the law firm of Maglio, Christopher and Toale, PA.
In the absence of a motion for review filed pursuant to RCFC Appendix B, the clerk of
the court SHALL ENTER JUDGMENT in accordance with the terms of the parties’
stipulation.3
IT IS SO ORDERED.
/s/ Lisa D. Hamilton-Fieldman
Lisa D. Hamilton-Fieldman
Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment is expedited by the parties’ joint filing of
notice renouncing the right to seek review.
2